Denying sex to spouse a long time mental cruelty, ground for divorce: HC

New Delhi: Putting an end to a nine-year-old marriage, the Delhi High Court has reiterated that denying sex to the spouse for a long time, without sufficient reason, amounted to mental cruelty and is a ground for divorce.

A division bench of Justice Pradeep Nandarajog and Justice Pratibha Rani granted divorce to a man, while taking into consideration his contention that the marriage could not be consummated and she had visited his office and made false complaints against him to his boss, due to which he had to leave the job.

“All these acts, individually as well cumulatively, amount to treating the husband with cruelty,” the bench said while upholding the decision of a Family Court dissolving the marriage finding it to be a “sexless marriage”.

The family court on April 1 had dissolved the marriage on a plea by the husband. The woman had moved the high court against the decision but on Friday, it dismissed her appeal filed against the dissolution of marriage.

Passing the order in favour of husband, the high court cited an apex court judgement saying not allowing a spouse to have sexual intercourse by his or her partner for long, without sufficient reason, amounted to mental cruelty to such spouse.

The 46-year-old man stated before the court that they got married in November 2007 but his wife refused to indulge in sexual activities due to a medical problem. They went to Shimla for honeymoon in January next year and there also she did not allow the marriage to be consummated and threatened to raise alarm or jump from the balcony in case any attempt was made by the husband to touch her.

After the failed honeymoon, they returned to Delhi and again she left for her parents’ home and returned after about three months, he said, adding that her behaviour towards his mother was also insulting and humiliating.

In her defence, the woman had said that her husband and in-laws used to harass her with dowry demand. She said that her husband used to drink heavily and inflict cruelty on her body, mind and soul. Her husband used to take heavy doses of drugs for depression from which he has been suffering for over 10 years.

She also alleged him of hiding about his earlier marriage and a daughter from the first wife.